|
"...As is Customs for Potomack District informs this Court that
by an Act of Parliament intituled an Act
for preventing of frauds and regulateing
abuses in the plantation trade it is
provided that after 25 March 1698 no
shipp or vessell built of any of his
Majestie's plantations in America so as
to bee qualified to trade to, from or in
any of the said plantations until the
persons claimeing property in such shipp
should register the same, as followeth:
If the shipp belong to any of his
Majestie's plantations then proof should
be made upon oath of one or more of the
owners before the Governor together with
the principall officers of his
Majestie's Revenue resideing upon such
plantation or island, which oath being
attested should after having been
registered bee delivered to the Master
of the shipp for the security of her
navigation, with penalty upon any shipp
tradeing after 25 March and not haveing
made proof that she should be liable to
such prosecutions and forfeitures as any
foreigne built shipp (except prises
condempned in the high court of the
Admiralty).
Nevertheless John Jenkings,
Master of the shipp 'Seaflower' of
Boston in New England, very little
regarding the statute or the penalty
severall tymes since 25 March 1698 and
particularly on or about 26, 27 and 28
March divers and sundry goods, wares and
merchandizes out of the shipp 'Seaflower'
then rideing at anchor in Lower
Machotique did take out, unlode and
carry on shore and hath done severall
things in respect of tradeing within the
District repugnant to the statute, not
haveing a certificate of the built and
property of the shipp and the register
of the same.
Therefore Nicholas Spencer
demands judgment of this Court for the
condempnation of the shipp 'Seaflower' with all her guns, amunition, tackle, furniture and apparell,
together with all the goods, wares and
merchandizes in her as forfeited to our
Sovereigne Lord the King to bee disposed
of as by the statute is provided.
The defendant by Arthur Spicer
his attorney saith that hee is not
guilty and prays to bee admitted to give
in the speciall matter in evidence which
being granted, Nicholas Spencer
by his attorneys saith hee is ready to
make good his information.
Jurors:
Philipp Franklin, Thomas Opie, John
Hankins, Francis Bond, John Bigland,
Nathll. Davies, Evan Christian, Benja.
Blanchflower, Thomas Thompson, John
Henmore, John Garner and Humphrey
Pope... find the defendant not
guilty of the information... adjourned
till tomorrow... nine o'clock...." |